McKeithan v. . Terry
Supreme Court of North Carolina
Motion to amerce a Sheriff, made before Buxton, J., at' Spring Term 1869, of Cumberland Court. The facts were, that the plaintiff at Spring Term 1867,. had obtained judgment against one McLeod, and that a fi. fa, issuing thereupon, had, on the 27th day of December 1867, been duly levied by the Sheriff of Eichmond upon certain lands.
Read the full summary
Motion to amerce a Sheriff, made before Buxton, J., at' Spring Term 1869, of Cumberland Court. The facts were, that the plaintiff at Spring Term 1867,. had obtained judgment against one McLeod, and that a fi. fa, issuing thereupon, had, on the 27th day of December 1867, been duly levied by the Sheriff of Eichmond upon certain lands. In February 1869, a ven. ex. issued, to sell the land, and upon it the Sheriff returned, “ no goods, chattels, lands or tenements to he found in my County, over the Homestead.” His Honor declined to grant the order, and the plaintiff' appealed. 1. The Homestead…
1Opinion of the CourtBeade, J.
The State Constitution provides for the exemption of a Homestead worth $1000, and of personal property worth $500, from execution sale for debt. We have decided that this exemption applies to debts existing before the adoption of the Constitution. Hill v. Kessler, 63 N. C. Rep. 437.
But in the case under consideration the execution was levied before the adoption of the Constitution: there was, therefore, a specific lien, a vested right, which it was not the purpose of the Constitution to destroy, if indeed it had the power. Mere indebtedness is not a lien upon any property, nor does the…
2Cases cited1 opinion
- Hill v. . KesslerSupreme Court of North Carolina · 1869
3Cited by17 opinions
- Gage v. NeblettTexas Supreme Court · 1882
- Maynard v. . MooreSupreme Court of North Carolina · 1877
- Wilson v. . SparksSupreme Court of North Carolina · 1875
- Pemberton v. . McRaeSupreme Court of North Carolina · 1876
- Keener v. FingerSupreme Court of North Carolina · 1874
12 more not listed; retrieve them via the Exa API.